HomeMy WebLinkAboutContract 43123 (2)- j�
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FORT WORTH SPINKS AIRPORT
GROUND LEASE AGREEMENT
(MONTH-TO-MONTI�
This GROUND LEASE AGREEMENT ("Lease") is made and entered into by and
between the CITY OF FORT WORTH ("Lessor"), a Texas home rule municipal corporation
acting by and through FERNANDO COSTA, its duly authorized Assistant City Manager, and
HELICOPTER EXPRESS, INC. ("Lessee"), a Georgia incorporated company acting by and
through, SCOTT RLTNYAN, its duly autharized President.
In consideration of the mutual covenants, promises and obligations contained herein, the
parties agree as follows:
1. PROPERTY LEASED.
Lessor hereby demises to Lessee 3,000 square feet of ground space at Fort Worth Spinlcs
Airport ("Airport") in Fort Worth, Tarrant County, Texas, identified as shown in Exhibit
"A", attached hereto and hereby made a part of this Lease for all purposes.
2. TERM OF LEASE.
This Lease shall operate on a month-to-month basis, commencing on the date of its
execution. This Lease will automatically renew on the first (1 st) day of each month unless
terminated by either party. In order to terminate this Agreement, a party must provide the
other party with written notice of its intent to terminate not less than thirty (30) days priar to
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t e e ective ate of such termination. ---- __=== -�°` --
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3. RENT. � 3�F�ICrA�. R�C���
� ��TY SECI�ETARY
� ��, WQRTH, TX
3.1. Rates and Adiustments. _ _ __ _ _,
Lessee shall commence the payment of rent, in accordance with this Section 3, on
the date the Lease is executed. Lessee shall pay Lessor rent in the amount of Eight
Hundred and Ten Dollars and Zero Cents ($810.00) which is based on a rental rate
of Twenty Seven Cents ($0.27) per square foot on an annual basis, and will be
payable in monthly installments of Sixty Seven Dollars and Fifty Cents ($67.50).
On October 1, 2012, and on October lst of each year thereafter, during the Term of
the Lease, Lessee's rental rate shall be subject to increase by Lessor to reflect the
upward percentage change, if any, in the Consumer Price Index for the Dallas/Fort
Worth Metropolitan Area, as announced by the United States Department of Labor
or successor agency (i), far the first increase, since the Effective Date of this Lease
Ground Lease Agreement
with Helicopter Express, Inc.
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and (ii) for each subsequent increase, since the effective date of the last increase;
provided, however, that Lessee's rental rates shall not (i) be increased in any given
year by more than ten percent (10%) over the rental rate paid by Lessee during the
immediately preceding twelve (12) months or (ii) exceed the then-current rates
prescribed by Lessor's published Schedule of Rates and Charges for the type or
types of property at the Airport similar to the type or types of property that comprise
the Premises.
4.
5.
6.
3.2.
Pavment Dates and Late Fees.
of each month.
due date at the
location for Lessor's Aviation Department set forth in Section 15. Rent shall be
considered past due if Lessor has not received full payment after the tenth (lOth) day
of the month for which payment is due. Without limiting Lessor's termination rights
as provided by this Lease, Lessor will assess a late penalty charge of ten percent
(10%) per month on the entire balance of any overdue rent that Lessee may accrue.
Monthly rent payments are due on or before the first (lst) day
Payments must be received during normal warking hours by the
MAINTENANCE AND REPAIRS.
Lessee agrees to keep and maintain the Premises in a good, clean and sanitary condition at
all times. Lessee, at its own expense, shall arrange for the sanitary transport and permanent
disposal away from the Airport of all of Lessee's trash, garbage and refuse. Lessee
covenants and agrees that it will not make or suffer any waste of the Premises. Lessee will
not pile or store boxes, cartons, barrels or other similar items in a manner that is unsafe or
unsightly. Lessee shall be responsible for all damages caused by the negligence or
misconduct of Lessee, its agents, servants, employees, contractors, subcontractors, licensees
or invitees, and Lessee agrees to fully repair or otherwise cure all such damages at Lessee's
sole cost and expense.
CONSTRUCTION AND IMPROVEMENTS.
Lessee shall not undertalce or allow any party to undertake any kind of alteration, erection,
improvement or other construction work on or to the Premises unless it first requests and
receives in writing approval from the Airport Systems Director or authorized representative.
All such approved construction work on and improvements to the Premises shall fully
comply with the Americans with Disabilities Act of 1990, as amended.
INSPECTION AND ACCEPTANCE OF PREMISES.
6.1. Insnections.
Lessor, through its officers, agents, servants or employees, reserves the right to enter
the Premises at any time in order to perform any and all duties or obligations which
Lessor is authorized or required to do under the terms of this Lease or to perform its
Ground Lease Agreement
with Helicopter Express, Inc.
Page 2 of 15
goverrunental duties under federal, state or local rules, regulations and laws
(including, but not limited to, inspections under applicable Health, Mechanical,
Building, Electrical, Plumbing and Fire Codes or other health, safety and general
welfare regulations). Lessor shall provide Lessee with advance notice of inspection
when reasonable under the circumstances.
Lessee will permit the Fire Marshall of the City of Fort Worth or his agents to make
inspection of the Premises at any time, and Lessee will comply with all
recommendations made to Lessee by the Fire Marshal or his agents to bring the
Premises into compliance with the City of Fort Worth Fire Code and Building Code
provisions regarding fire safety, as such provisions exist or may hereafter be
amended. Lessee shall maintain in a proper condition accessible fire extinguishers
of a number and type approved by fire underwriters for the particular hazard
involved.
6.2. Environmental Remediation.
To the best of Lessor's knowledge, the Premises comply with all applicable federal,
state and local environmental regulations or standards. Lessee agrees that it has
inspected the Premises and is fully advised of its own rights without reliance upon
any representation made by Lessor concerning the environmental condition of the
Premises. LESSEE, AT ITS SOLE COST AND EXPENSE, AGREES THAT IT
SHALL BE FULLY RESPONSIBLE FOR THE REMEDIATION OF ANY
VIOLATION OF ANY APPLICABLE FEDERAL, STATE OR LOCAL
ENVIRONMENTAL REGULATIONS OR STANDARDS THAT IS CAUSED
BY LESSEE, ITS OFFICERS, AGENTS, SERYANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS OR INijITEES.
6.3. Acceutance
In addition to Section 6.2, Lessee represents to Lessor that Lessee has inspected the
Premises and is fully advised of its own rights without reliance upon any
representation made by Lessor concerning the condition of the Premises. Lessee
accepts the Premises in their present condition as satisfactory for all purposes set
forth in this Lease.
7. PARHING.
All motor vehicles at the Airport must be parked in areas designated as motor vehicle
parking areas.
Ground Lease Agreement
with Helicopter Express, Inc.
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8. USE OF PREMISES.
Lessee shall use the Premises exclusively for the parlcing of fuel trucks and truck
accessories. Lessee's use of the Premises for any other purpose shall constitute a material
breach of this Lease.
9. RIGHTS AND RESERVATIONS OF LESSOR.
Lessor hereby retains the following rights and reservations:
10.1. Lessor reserves the right to take any action it considers necessary to protect the
aerial approaches of the Airport against obstruction, including, but not limited to,
the right to prevent Lessee from erecting or permitting to be erected any building or
other structure which, in the opinion of Lessor, would limit the usefulness of the
Airport, constitute a hazard to aircraft or diminish the capability of existing or future
avigational or navigational aids used at the Airport.
10.2. Lessor reserves the right to develop and improve the Airport as it sees fit, regardless
of the desires or view of Lessee, and without interference or hindrance by or on
behalf of Lessee. Accordingly, nothing contained in this Lease shall be construed to
obligate Lessor to relocate Lessee as a result of any such Airport developments or
improvements.
10.3 This Lease shall be subordinate to the provisions of any existing ar future agreement
between Lessor and the United States Government, which relates to the operation or
maintenance of the Airport and is required as a condition for the expenditure of
federal funds for the development, maintenance or repair of Airport infrastructure.
In the event that any such existing or future agreement directly causes a material
restriction, impairment or interference with Lessee's primary operations on the
Premises ("Limitation") for a period of less than seven (7) calendar days, this
Lease shall continue in full force and effect. If the Limitation lasts more than seven
(7) calendar days, Lessee and Lessor shall negotiate in good faith to resolve or
mitigate the effect of the Limitation. If Lessee and Lessor are in good faith unable
to resolve or mitigate the effect of the Limitation, and the Limitation lasts between
seven (7) and one hundred eighty (180) days, then for such period (i) Lessee may
suspend the payment of any rent due hereunder, but only if Lessee first provides
adequate proof to Lessor that the Limitation has directly caused Lessee a material
loss in revenue; (ii) subject to ordinary wear and tear, Lessor shall maintain and
preserve the Premises and its improvements in the same condition as they existed on
the date such Limitation commenced; and (iii) the term of this Lease shall be
extended, at Lessee's option, for a period equal to the duration of such Limitation. If
the Limitation lasts more than one hundred eighty (180) days, then (i) Lessor and
Lessee may, but shall not be required to, (a) further adjust the payment of rent and
other fees or charges, (b) renegotiate maintenance responsibilities and (c) extend the
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with Helicopter Express, Inc.
Page 4 of 15
term of this Lease, or (ii) Lessee may terminate this Lease upon thiriy (30) days'
written notice to Lessor.
10.4. During any war or national emergency, Lessor shall have the right to lease any part
of the Airport, including its landing area, to the United States Government. In this
event, any provisions of this instrument which are inconsistent with the provisions
of the lease to the Government shall be suspended. Lessor shall not be liable for any
loss or damages alleged by Lessee as a result of this action. However, nothing in
this Lease shall prevent Lessee from pursuing any rights it may have for
reimbursement from the United States Government. If any lease between Lessor
and the United States Government executed pursuant to this Section 10.4 directly
causes a Limitation for a period of less than seven (7) calendar days, this Lease shall
continue in full force and effect. If the Limitation lasts more than seven (7) calendar
days, Lessee and Lessor shall negotiate in good faith to resolve or mitigate the effect
of the Limitation. If Lessee and Lessor are in good faith unable to resolve or
mitigate the effect of the Limitation, and the Limitation lasts between seven (7) and
one hundred eighty (180) days, then for such period (i) Lessee may suspend the
payment of any rent due hereunder, but only if Lessee first provides adequate proof
to Lessor that the Limitation has directly caused Lessee a material loss in revenue;
(ii) subject to ordinary wear and tear, Lessor shall maintain and preserve the
Premises and its improvements in the same condition as they existed on the date
such Limitation commenced; and (iii) the term of this Lease shall be extended, at
Lessee's option, for a period equal to the duration of such Limitation. If the
Limitation lasts more than one hundred eighty (180) days, then (i) Lessor and Lessee
may, but shall not be required to, (a) further adjust the payment of rent and other
fees or charges, (b) renegotiate maintenance responsibilities and (c) extend the term
of this Lease, or (ii) Lessee may terminate this Lease upon thirty (30) days' written
notice to Lessor.
10.5. Lessor covenants and agrees that during the term of this Lease it will operate and
maintain the Airport and its facilities as a public airport consistent with and pursuant
to the Sponsor's Assurances given by Lessor to the United States Government
through the Federal Airport Act; and Lessee agrees that this Lease and Lessee's
rights and privileges hereunder shall be subordinate to the Sponsor's Assurances.
10.6. Lessee's rights hereunder shall be subject to all existing and future utility and
drainage easements and rights-of-way granted by Lessor for the installation,
maintenance, inspection, repair or removal of facilities owned or operated by
electric, gas, water, sewer, communication or other utility companies. Lessee's
rights shall additionally be subject to all rights granted by any ordinance or statute
which allows utility companies to use publicly-owned property for the provision of
utility services.
Ground Lease Agreement
with Helicopter Express, Inc.
Page 5 of IS
10.7 Lessor agrees Lessee shall have the right of ingress and egress to and from the
leased premises by means of roadways for automobiles and taxiways for aircraft
including access during the construction phase of airport improvements, unless
otherwise agreed to in writing by both parties. Such rights shall be consistent with
the rules and regulations with respect to the occupancy and use of airport premises
as adopted from time to time by the City of Fort Worth and by the Federal Aviation
Administration or any other state, federal or local authority.
11. INSURANCE.
11.1. Types of Coverage and Limits.
Lessee shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance as specified in this Section 11, naming the City of Fort Worth
as an additional insured and covering all risks related to the leasing, use, occupancy,
maintenance, existence or location of the Premises. Lessee shall obtain the
following insurance coverage at the limits specified herein:
• Commercial General Liabilitv:
$1,000,000 per occurrence,
Including products and completed operations; and
• Environmental Liabilitv:
$5,000,000 per occurrence
• Automobile Liability:
$1,000,000 per accident, including, but not limited to, coverage on any automobile
used in Lessee's operations on the Premises
In addition, Lessee shall be responsible for all insurance to construction,
improvements, modifications or renovations to the Premises and for personal
property of its own or in its care, custody or control.
11.2. Adiustments to Required Covera�e and Limits.
Insurance requirements, including additional types of coverage and increased limits
on existing coverages, are subject to change at Lessor's option and as necessary to
cover Lessee's and any Sublessees' operations at the Airport. Lessee will
accordingly comply with such new requirements within thirty (30) days following
notice to Lessee.
Ground I.ease Agreement
�vith Helicopter Express, Inc.
Page 6 of 15
11.3. Certificates.
As a condition precedent to the effectiveness of this Lease, Lessee shall furnish
Lessar with appropriate certificates of insurance signed by the respective insurance
companies as proof that it has obtained the types and amounts of insurance coverage
required herein. Lessee hereby covenants and agrees that not less than thirty (30)
days prior to the expiration of any insurance policy required hereunder, it shall
provide Lessor with a new or renewal certificate of insurance. In addition, Lessee
shall, at Lessor's request, provide Lessor with evidence that it has maintained such
coverage in full force and effect.
11.4. Additional Requirements.
Lessee shall maintain its insurance with underwriters authorized to do business in
the State of Texas and which are satisfactory to Lessor. The policy or policies of
insurance shall be endorsed to cover all of Lessee's operations at the Airport and to
provide that no material changes in coverage, including, but not limited to,
cancellation, termination, non-renewal or amendment, shall be made without thirty
(30) days' priar written notice to Lessor.
12. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Lessee shall operate as an independent contractor
as to all rights and privileges granted herein, and not as an agent, representative or employee
of Lessor. Lessee shall have the exclusive right to control the details of its operations and
activities on the Premises and shall be solely responsible for the acts and omissions of its
officers, agents, servants, employees, contractors, subcontractors, patrons, licensees and
invitees. Lessee acknowledges that the doctrine of respondeat superior shall not apply as
between Lessor and Lessee, its officers, agents, employees, contractors and subcontractors.
Lessee further agrees that nothing herein shall be construed as the creation of a partnership
or joint enterprise between Lessor and Lessee.
13. INDEMNIFICATION.
LESSEE HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF ANY
KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ITS USE OF OR OPERATIO�S ON THE AIRPORT UNDER
THIS LEASE OR WITH THE LEASING, MAINTENANCE, USE, OCCUPANCY,
EXISTENCE OR LOCATION OF THE PREMISES OR ANY IMPROVEMENTS
THEREON, EXCEPT TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE
OR INTENTIONAL MISCONDUCT OF LESSOR, ITS OFFICERS, AGENTS,
SERYANTS OR EMPLOYEES.
Ground Lease Agreement
with Helicopter Express, Inc.
Page 7 of 15
LESSEE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY,
HOLD HARMLESS' AND DEFEND LESSOR, ITS OFFICERS, AGENTS,
SERYANTSAND EMPLOYEES, FROMAND AGAINSTANYAND ALL CLAIMS OR
LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING
ALLEGED DA�VIAGE OR LOSS TO LESSEE'S BUSINESS AND ANY RESULTING
LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY
AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASS'ERTED, ARISING OUT OF OR IN CONNECTION WITH THE USE, LEASING,
MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION OF THE PREMISES
OR ANY IMPROVEME�VTS THEREON, EXCEPT TO THE EXTENT CAUSED BY
THE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF LESSOR, ITS
OFFICERSAGENTS„ SERVANTS OR EMPLOYEES.
LESSEE ASSUMES ALL RESPONSIBILITY AND AGREES TO PAY LESSOR FOR
ANY AND ALL INJURIES OR DAMAGES TO AIRPORT PROPERTY, THE
PREMISES OR ANYIMPROVEMENTS THEREON WHICHARISE OUT OF OR IN
CONNECTION WITH ANY AND ALL ACTS OR OMISSIONS OF LESSEE, ITS
OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
LICENSEES OR INVITEES, EXCEPT TO THE EXTENT CAUSED BY THE GROSS
NEGLIGENCE OR INTENTIONAL MISCOND UCT OF LESSOR, ITS OFFICERS,
AGENTS, SERVANTS OR EMPLOYEES.
LESSOR DOES NOT GUARANTEE POLICE PROTECTIO�V TO LESSEE, ANY
SUBLESSEES OR THEIR PROPERTY. LESSOR IS OBLIGATED O1VLY TO
PROVIDE SECURITY ADEQUATE TO MAINTAIN LESSOR'S CERTIFICATION
UNDER FAA REGULATIONS. LESSEE SHALL COMPLY WITH ALL
APPLICABLE REGULATIONS OF THE FAA RELATING TO AIRPORT SECURITY.
LESSEE SHALL PAY ALL FINES IMPOSED BY THE FAA ON LESSOR OR
LESSEE RESULTING FROM LESSEE'S OR ANY SUBLESSEES' FAILURE TD
COMPLY WITH SUCH FAA REGULATIONS OR TO PREVENT UNAUTHORIZED
PERSONS OR PARTIES FROM THEIR OBTAINING ACCESS TO THE AIR
OPERATIONS AREA OF THE AIRPORT FROM THE PREMISES.
14. TERNIINATION.
In addition to termination rights contained elsewhere in this Lease, Lessor shall have the
right to terminate this Lease as follows:
14.1. Failure bv Lessee to Pav Rent, Fees or Other Char�es.
If Lessee fails to pay any rent, fees or other charges due under this Lease, Lessor
shall deliver to Lessee a written invoice and notice to pay the invoice within ten (10)
calendar days. If Lessee fails to pay the balance outstanding within such time,
Lessor shall have the right to terminate this Lease immediately.
14.2. Breach or Default bv Lessee.
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with Helicopter Express, Inc.
Page 8 of 15
If Lessee commits any breach or default, other than Lessee's failure to pay rent,
Lessor shall deliver written notice to Lessee specifying the nature of such breach or
default. Lessee shall have thirty (30) calendar days following such written notice to
cure, adjust or correct the problem to the standard existing prior to the breach. If
Lessee fails to cure the breach or default within such time period, Lessar shall have
the right to terminate this Lease immediately.
14.3. Abandonment or Non-Use of the Premises.
Lessee's abandonment or non-use of the Premises for any reason for more than thirty
(30) consecutive calendar days shall constitute grounds for immediate termination
of this Lease by Lessor.
14.4. Lessee's Financial Obli�ations to Lessor upon Termination, Breach or Default.
If Lessor terminates this Lease for any non-payment of rent, fees or other charges or
for any other breach or default as provided in Sections 14.1, 14.2 or 14.3 of this
Lease, Lessee shall be liable for and shall pay to Lessor all rent due Lessor for the
remainder of the term then in effect as well as all arrearages of rentals, fees and
charges payable hereunder. In no event shall a reentry onto or reletting of the
Premises by Lessor be construed as an election by Lessor to forFeit any of its rights
under this Lease.
14.5. Ri�hts of Lessor Uqon Termination or Expiration.
Upon termination or expiration of this Lease, title to all improvements on the
Premises, including the Mandatory Improvements and any Discretionary
Improvements, and all fixtures and other items attached to any structure on the
Premises shall pass to Lessor. In addition, all rights, powers and privileges granted
to Lessee hereunder shall cease and Lessee shall vacate the Premises. Within
twenty (20) days following the effective date of termination or expiration, Lessee
shall remove from the Premises all trade fixtures, tools, machinery, equipment,
materials and supplies placed on the Premises by Lessee pursuant to this Lease.
After such time, Lessor shall have the right to take full possession of the Premises,
by force if necessary, and to remove any and all parties and property remaining on
any part of the Premises. Lessee agrees that it will assert no claim of any kind
against Lessor, its agents, servants, employees or representatives, which may stem
from Lessor's termination of this Lease or any act incident to Lessor's assertion of its
right to terminate or Lessor's exercise of any rights granted hereunder.
15. NOTICES.
Notices required pursuant to the provisions of this Lease shall be conclusively determined to
have been delivered when (i) hand-delivered to the other party, its agents, employees,
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with Helicopter Express, Tnc.
Page 9 of I S
servants or representatives, or (ii) deposited in the United States Mail, postage prepaid,
addressed as follows:
16.
17.
18.
To LESSOR:
City of Fort Worth
Aviation Department
4201 N. Main St., Suite 200
Fort Worth, Texas 76106
ASSIGNMENT AND SUBLETTING.
16.1.
16.2.
In General.
To LESSEE:
Helicopter Express, Inc.
Scott Runyan, President
2025 Flightway Drive
Chamblee, GA 30341
Lessee shall have the right to sublease portions of the Premises as provided by and
in accordance with Section 5 of this Lease. Otherwise, Lessee shall not assign, sell,
convey, sublease or transfer the entirety of its rights, privileges, duties or interests
granted by this Lease without the advance written consent of Lessor.
Conditions of Approved Assi�nments and Subleases.
If Lessor consents to any assignment or sublease, all terms, covenants and
agreements set forth in this Lease shall apply to the assignee or sublessee, and such
assignee or sublessee shall be bound by the terms and conditions of this Lease the
same as if it had originally executed this Lease. The failure or refusal of Lessor to
approve a requested assignment or sublease shall not relieve Lessee of its
obligations hereunder, including payment of rentals, fees and charges.
LIENS BY LESSEE.
Lessee acknowledges that it has no authority to engage in any act or to make any contract,
which may create or be the foundation for any lien upon the property or interest in the
property of Lessor. If any such purported lien is created or filed, Lessee, at its sole cost and
expense, shall liquidate and discharge the same within thirty (30) days of such creation or
filing. Lessee's failure to discharge any such purported lien shall constitute a breach of this
Lease and Lessor may terminate this Lease upon thirty (30) days' written notice. However,
Lessee's financial obligation to Lessor to liquidate and discharge such lien shall continue in
effect following tertnination of this Lease and until such a time as the lien is discharged.
TAXES AND ASSESSMENTS.
Lessee agrees to pay any and all federal, state or local taxes or assessments which may
lawfully be levied against Lessee due to Lessee's use or occupancy of the Premises or any
improvements or property placed on the Premises by Lessee as a result of its occupancy.
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with Helicopter Express, Inc.
Page 10 of 15
19. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS.
Lessee covenants and agrees that it shall not engage in any unlawful use of the Premises.
Lessee further agrees that it shall not permit its officers, agents, servants, employees,
contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful use of
the Premises and Lessee immediately shall remove from the Premises any person engaging
in such unlawful activities. Unlawful use of the Premises by Lessee itself shall constitute an
immediate breach of this Lease.
Lessee agrees to comply with all federal, state and local laws; all ordinances, rules and
regulations of Lessor; all riiles and regulations established by the Director; and all rules and
regulations adopted by the City Council pertaining to the conduct required at airports owned
and operated by the City, including the Minimum Standards for Fixed Base Operators and
Other Airport Tenants, a public document dated June 16, 1992, on file in Lessor's City
Secretary's Office and incorporated herein as part of this Lease for all purposes, as such
laws, ordinances, rules and regulations exist or may hereafter be amended or adopted. If
Lessor notifies Lessee or any of its officers, agents, employees, contractors, subcontractors,
licensees or invitees of any violation of such laws, ordinances, rules or regulations, Lessee
shall immediately desist from and correct the violation.
20. NON-DISCR�N�VATION COVENANT.
Lessee, for itself, its personal representatives, successors in interest and assigns, as part of
the consideration herein, agrees as a covenant running with the land that no person shall be
excluded from participation in or denied the benefits of Lessee's use of the Premises on the
basis of race, color, national origin, religion, handicap, sex, sexual orientation, transgender,
gender identity or gender expression. Lessee , further agrees for itself, its personal
representatives, successors in interest and assigns that no person shall be excluded from the
provision of any services on or in the construction of any improvements or alterations to the
Premises on grounds of race, color, national origin, religion, handicap, sex, sexual
orientation, transgender, gender identity or gender expression.
Lessee agrees to furnish its accommodations and to price its goods and services on a fair
and equal basis to all persons. In addition, Lessee covenants and agrees that it will at all
times comply with any requirements imposed by or pursuant to Title 49 of the Code of
Federal Regulations, Part 21, Non-Discrimination in Federally Assisted Programs of the
Department of Transportation and with any amendments to this regulation which may
hereafter be enacted.
If any claim arises from an alleged violation of this non-discrimination covenant by Lessee,
its personal representatives, successors in interest or assigns, Lessee agrees to indemnify
Lessor and hold Lessor harmless.
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with Helicopter Express, Inc.
Page l I of 15
21. LICENSES AND PERMITS.
Lessee shall, at its sole expense, obtain and keep in effect all licenses and permits necessary
for the operation of its operations at the Airport.
22. GOVEP;NMENTAL POWERS.
It is understood and agreed that by execution of this Lease, Lessor does not waive or
surrender any of its governmental powers.
23. NO WAIVER.
The failure of Lessor to insist upon the performance of any term or provision of this Lease
or to exercise any right granted herein shall not constitute a waiver of Lessor's right to insist
upon appropriate performance or to assert any such right on any future occasion.
24. VENUE AND JURISDICTION.
If any action, whether real or asserted, at law or in equity, arises on the basis of any
provision of this Lease or of Lessee's operations on the Premises, venue for such action
shall lie in state courts located in Tarrant County, Texas or the United States District Court
for the Northern District of Texas, Fort Worth Division. This Lease shall be construed in
accordance with the laws of the State of Texas.
25. ATTORNEYS' FEES.
In the event there should be a breach ar default under any provision of this Lease and either
pariy should retain attorneys or incur other expenses for the collection of rent, fees or
charges, or the enforcement of performance or observances of any covenant, obligation or
agreement, Lessor and Lessee agree that each party shall be responsible for its own
attorneys' fees.
26. SEVERABILITY.
If any provision of this Lease shall be held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
27. FORCE MAJEURE.
Lessor and Lessee shall exercise every reasonable effort to meet their respective obligations
as set forth in this Lease, but shall not be held liable for any delay in or omission of
performance due to force majeure or other causes beyond their reasonable control,
including, but not limited to, compliance with any government law, ordinance or regulation,
acts of God, acts of omission, fires, strikes, lockouts, national disasters, wars, riots, material
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with Helicopter Express, Inc.
Page 12 of I S
or labor restrictions, transportation problems and/or any other cause beyond the reasonable
control of Lessor or Lessee.
28. HEADINGS NOT CONTROLLING.
Headings and titles used in this Lease are for reference purposes only and shall not be
deemed a part of this Lease.
29. ENTIRETY OF AGREEMENT.
This written instrument, including any documents attached hereto or incorporated
herein by reference, contains the entire understanding and agreement between Lessor and
Lessee, its assigns and successors in interest, as to the matters contained herein. Any prior
or contemporaneous oral or written agreement is hereby declared null and void to the extent
in conflict with any provisions of this Lease. The terms and conditions of this Lease shall
not be amended unless agreed to in writing by both parties and approved by the City
Council of Lessor.
[Signature Pages Follow]
Ground Lease Agreement
�vith Helicopter Express, Inc.
Page 13 of 15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples on this
the day of
CITY OF FORT WORTH:
2012.
1r ��
:
Assistant City Manager
,
��
STATE OF TEXAS
COUNTY OF TARRANT
§
0
���� ��- BEFORE ME the undersi ed authori
,1J4 , , gn ty, a Notary Public in and for the State of Texas, on
�R'�2 this day personally appeared Fernando Costa, known to me to be the person whose name is
subscribed to the foregoing instrument, and acicnowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of the City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
2012.
�v�r�ia nar�iE�s
MY COMMISSION EXPIRES
,luly 10, 2013
APPROVED AS TO FORM
AND LEGALITY:
By: � i"� c"_ ��- �l< ��c'�---
Charlene Sanders �
Assistant City Attorney
Notary Public in and for`the State of Texas
a�''� FC
,�'d� oqoo
4,� ouo
y� 4
0
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M&C: None Required
Ground Lease Agreement
with Helicopter Express, Inc.
Page 14 of 15
/� ��" day
T:
_ _. �
� -;� � -�
��� ,, �v
ry J. I�� �� e�
y Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WOR7'H, '�'X
LESSEE:
HELICOPTER
By:
Scott �unvan, President
C.
Date: � � 2'�� Z-
--
. ���.� . �
ATTEST:
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COUNTY OF �l?� § /�
V �l cc.
BEFORE ME, the undersigned authority, a Notary Public in and for the State of �'e�ts, on
this day personally appeared Scott Runyan, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of
Helicopter Express, Inc. and that s/he executed the same as the act of Helicopter Express, Inc.
for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this � day
� L_ , 2012.
Nc�y Public in and for
• :_
- , � ;, ,
Ground Lease Agreement
with Helicopter Express, Inc.
Page 15 of I S
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